Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (7567)
- Constitutional Law (1304)
- State and Local Government Law (746)
- Supreme Court of the United States (707)
- Courts (659)
-
- Legislation (635)
- Legal History (584)
- Torts (578)
- Legal Writing and Research (563)
- Criminal Law (483)
- Contracts (481)
- Labor and Employment Law (448)
- Property Law and Real Estate (424)
- Civil Rights and Discrimination (405)
- Law and Society (384)
- Administrative Law (367)
- Estates and Trusts (364)
- Business Organizations Law (355)
- Evidence (340)
- Jurisdiction (309)
- Criminal Procedure (303)
- Securities Law (298)
- Commercial Law (296)
- Comparative and Foreign Law (296)
- Litigation (285)
- Law and Race (270)
- Antitrust and Trade Regulation (264)
- Fourteenth Amendment (263)
- Law and Economics (257)
- First Amendment (251)
- Keyword
-
- United States Supreme Court (350)
- History (208)
- Book reviews (198)
- Treatises (189)
- Publications (181)
-
- Liability (157)
- Constitution (156)
- Judicial review (141)
- Law reform (140)
- Negligence (138)
- Due process (136)
- Regulation (136)
- Michigan (128)
- Race and law (126)
- Fraud (120)
- Corporations (115)
- Lawyers (111)
- State courts (110)
- Federal courts (101)
- Fifth Amendment (98)
- New York (95)
- Racism (89)
- Women (81)
- Competition (80)
- Law professors (80)
- England (79)
- Federalism (78)
- Gender and law (77)
- Freedom of speech (76)
- Public policy (76)
- Publication Year
Articles 7891 - 7920 of 8522
Full-Text Articles in Entire DC Network
Note And Comment, Edson R. Sunderland, Abraham Jacob Levin, Ralph W. Aigler, Edgar N. Durfee
Note And Comment, Edson R. Sunderland, Abraham Jacob Levin, Ralph W. Aigler, Edgar N. Durfee
Michigan Law Review
New Trials for Technical Errors - A witness called to testify is presumed to be of good character. Hence no proof of it is necessary. But out of abundant caution this presumption is fortified by evidence. The witness is thus shown to be in fact exactly what the law presumes him to be. Result-the case is reversed for the commission of this grave and prejudicial error.-Lockett v. State (Ark. 1918), 207 S. W. 55.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Following the decision of the United States Supreme Court that the Wilson Act did not affect interstate shipments of liquor until final delivery by the carrier, Rhodes v. Iowa, 170 U. S. 412, (898), Congress passed the Webb-Kenyon Act, 37 Stat. at L. 699 (1913). Meantime, in 1913, 35 Stat. at L. 1136, Sec. 239, it was enacted that it should be a penal offense for any carier or other agent, in connection with the interstate carriage of intoxicating liquors, to collect the purchase price from the consignee, or in any manner act as agent of buyer or seller, except …
Food And Fuel Control, William Barker Marvin
Food And Fuel Control, William Barker Marvin
Michigan Law Review
In the present war, nationalization of industry and centralization of control have been found necessary to an extent never before attempted. The very vastness of the armies, and of the quantities of munitions and other supplies needed to keep the strength of the armies at its highest point required that the most efficient forms of industrial organization be sought out and utilized. In a nation with a single aim and a single will, that is, in a nation so organized as to wage successfully a modern war; the individual has had to sacrifice much for the good of the whole; …
Goodwill And Other Nondepreciable And Depreciable Intangible Property As Invested Capital, Frederick Thulin
Goodwill And Other Nondepreciable And Depreciable Intangible Property As Invested Capital, Frederick Thulin
Michigan Law Review
The subject of intangible property under the federal tax laws is somewhat misunderstood. Many errors of an important nature have undoubtedly been made in reference thereto. The purpose of this paper is to point out the situations as they often exist and to give practical suggestions as to how to handle them insofar as authorized by the law and the treasury decisions and regulations.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adverse Possession - Railroad Right of Way - Defendant, by deed, acquired. title to a right of way, fifty feet wide and fenced within four feet of the line. Plaintiff owned the adjoining tract and more than ten years befori this action was brought, planted fruit trees up to the fence. Held, the Statute of Limitations did not run against defendant as to the four foot strip. Beyer.. Chicago, R. I. & P. R. Co., (Ia. 918), A69 N.W. 651.
Book Reviews, Willard T. Barbour, Joseph H. Drake
Book Reviews, Willard T. Barbour, Joseph H. Drake
Michigan Law Review
Judge Story's work appeared at a critical period in Aterican legal history. The bitterness toward England which lingered after the Revolution, intensified by the unhappy war of 182, was no doubt responsible for the hostility toward and suspicion of that peculiarly English institution, the common law.' Evidence is not wanting that our courts were drifting away from the common law doctrines and becoming more -responsive to the appeals of civil law. There was thus furnished a condition favorable to the reception of Roman law through some French form such as the Code Napolion. English equity, in particular, stood in a …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Bailments - Carriers - Conversion - Trover by Bailee (A Common Carrier) Against a Third Person - On the facts as stated by the court of last resort it is often difficult to discover why any action should ever have been thought of, and impossible to see how the judgment of the trial court should have been in favor of the preposterous claim of the plaintiff. Such seems to be the case of Farmers' Cotton Oil Co. v. Atlanta & St. A. B. Ry. Co. (Ala. I918), 79 So. 387. Plaintiff carrier by mistake delivered cotton seed to defendant company. …
Note And Comment, John B. Waite, Victor H. Lane, Edgar N. Durfee
Note And Comment, John B. Waite, Victor H. Lane, Edgar N. Durfee
Michigan Law Review
Sales - Liability for the Presence of Mice and Other Uncommon Things in Food - A group of recent decisions presents a somewhat farcical conformity with Montesquiet'. thesis that "law" may vary with time and geography. It strikingly illustrates, also, the importance of the particular theory of liability upon which a suit is predicated. The unusual similarity in detail of the operative facts of these cases lends peculiar emphasis to the difference in the judgments rendered.
Federal Incorporation, Myron W. Watkins
Federal Incorporation, Myron W. Watkins
Michigan Law Review
The course of development which rate regulation in general in this country passed through is well known. It may be briefly stated as follows: in the early cases it was held that when a state legislature prescribed a scale of maximum charges for a business affected with a public interest they substituted their will for the common law rule of reasonableness, and their determinations were held final and conclusive. This view was gradually modified so as to place a limitation upon the power of the law-making body in accordance with the view that the "use and income of property, as …
Theory Of Popular Sovereignty, Harold J. Laski
Theory Of Popular Sovereignty, Harold J. Laski
Michigan Law Review
Alexis de Tocqueville has wisely insisted upon the natural tendency of men to confound institutions that are necessary with institutions to which they have grown accustomed.' It is a truth more general in its application than he perhaps imagined. Certainly the student of political and legal ideas will in each age be compelled to examine theories which are called essential even when their original substance has, under pressure of new circumstance, passed into some allotropic form. Anyone, for instance, who analyses the modern theory of consideration will be convinced that, while judges do homage to an ancient content, they do …
Domestic Corporate Tangible And Intangible Invested Capital, Frederick M. Thulin
Domestic Corporate Tangible And Intangible Invested Capital, Frederick M. Thulin
Michigan Law Review
With a tax law on the statute books that fixes a moderate flat rate of taxation on business income, no question of invested capital need be considered. The income tax laws of 1913 and 1916 and the flat rate or normal tax section of the 1917 law and the proposed 1918 law bear out this statement.
Note And Comment, Edson R. Sunderland, Edwin D. Dickinson, Horace Lafayette Wilgus, Willard T. Barbour, Victor H. Lane
Note And Comment, Edson R. Sunderland, Edwin D. Dickinson, Horace Lafayette Wilgus, Willard T. Barbour, Victor H. Lane
Michigan Law Review
The Writ of Prohibition - Procedural Delay - A disheartening recrudescence of procedural red-tape is found in a recent decision of the Supreme Court of Ohio. A contest arose over the jurisdiction of the Public Service Commission to fix telephone rates in Cleveland. The Commission was engaged in a determination as to the reasonableness of a schedule of rates filed by the telephone company, when a petition was filed in the Common Pleas Court for an injunction against the charging of rates other than those fixed by a city ordinance.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Building Restrictions - Single Private Dwelling on One Lot - What Is One Lot? Land was platted into sixty foot lots and conveyed from time to time to various purchasers subject to restriction, inter alia, that "There shall be nothing but a single private dwelling with the necessary outbuildings erected on each lot" Defendant became the owner of the westerly ten feet of lot 5o and the easterly forty feet of lot 51; the remaining twenty feet of lot 51 and the whole of lot 52 adjoining lot 51 on the other side became the property of plaintiff. Defendant being …
War Legislation Pertaining To The Army, Alfred A. Gillette
War Legislation Pertaining To The Army, Alfred A. Gillette
Michigan Law Review
At the time we entered the present war, we had approximately 1oo,ooo men actually in the federal service. We were confronted with the problem of raising and training a large army in a short time. There were in general two possible courses of action open before us. The first, which might seem to be the traditional method, was that of voluntary enlistment. But for I number of years, there had-been a growing sentiment among our people that the system of voluntary enlistment was neither right in principle nor in accord with the best interests of the nation. The plan these …
Federal Incorporation, Myron W. Watkins
Federal Incorporation, Myron W. Watkins
Michigan Law Review
We have traced in the foregoing part the principal cases bearing directly upon the federal power of incorporation. To gain a just perspective of the attitude the court may take upon the constitutionality of an act requiring uniform federal incorporation of all businesses engaged in interstate commerce it is necessary to complete our review by an examination of the trend of the court's decisions involving other portions of the field of commerce regulation. The construction placed upon acts exerting other forms of regulation will not be so conclusive to our inquiry as the adjudication of the cases reviewed in the …
Book Reviews, Henry M. Bates, Horace Lafayette Wilgus
Book Reviews, Henry M. Bates, Horace Lafayette Wilgus
Michigan Law Review
Dr. Freund's book was read by the reviewer in the summer of 1917, but a combination of circumstances, greatly regretted by him, has prevented the completion and publishing of the review then pa'rtially prepared. The justification for printing it now lies in the excellence of Dr. Freund's work and. in the vital importance of careful study by American lawyers of the too long neglected field of legislation as, with the War, apparently ended, the Nation enters upon a period of political and social reconstruction, which seems destined to be epochal. With the organized forces of the titanic struggle halted, and …
Federal Incorporation, Myron W. Watkins
Federal Incorporation, Myron W. Watkins
Michigan Law Review
Since the beginning of our national history the Constitution, which is essentially the source of the law rather than its framework, has with more or less promptitude fulfilled the function of sanctioning new rules of action which will permit a fairly symmetrical institutional development in the face of the changing conditions of the environment in which the people live and think and act. Always the habits of the people are changing, always the situation facts are being modified, and the Constitution in its widest and truest meaning but provides the means whereby thru this flux the body of the people …
Alien Rights In The United States In Wartime, W C. Hunter
Alien Rights In The United States In Wartime, W C. Hunter
Michigan Law Review
The large number of aliens in the United States presents one of the many problems with which the Government has had to deal in the present war. Technically every immigrant from Germany and Austria-Hungary who has not taken out papers of naturalization and who therefor still owes allegiance to the Fatherland is an enemy alien. But while the great majority of these aliens are naturally sympathetic with German war aims, or at least are not ready to give their wholehearted support to the Allies, they are not a source of danger to the United States. Only a small section have …
Coercing A State To Pay A Judgement Virginia V West Virginia, Thomas Reed Powell
Coercing A State To Pay A Judgement Virginia V West Virginia, Thomas Reed Powell
Michigan Law Review
The Eleventh Amendment to the Federal Constitution postponed for over a century the settlement of the question whether a state of the United States can be coerced to pay a money judgment rendered against it in the Supreme Court of the United States. This it did by postponing the rendition of money judgments against a state. In 1793, it will be remembered, Chisholm v. Georgi4 had held that the provisions of Article III of the Constitution, extending the federal judicial power "to controversies * * * between a state and citizens of another state," and giving the Supreme Court original …
Note And Comment, James P. Hall, Henry M. Bates, Edgar N. Durfee, Willard T. Barbour, Ralph W. Aigler
Note And Comment, James P. Hall, Henry M. Bates, Edgar N. Durfee, Willard T. Barbour, Ralph W. Aigler
Michigan Law Review
The Law School - In common with all other law schools requiring college work for admission, this school has suffered a very heavy loss in attendance because of war conditions. This, however, is a matter for pride and not for discouragement for it means that our students have gone into the army or navy or other branches of the national service in very high ratio to their total number. And this is by no means due only to the effect of the Selective Service Act for from the very beginning our men have volunteered in great spirit and promptness. In …
Legal Ethics, Clarence Archibald Lightner
Legal Ethics, Clarence Archibald Lightner
Michigan Law Review
My purpose here is a discussion of (I) the meaning of "ethics" in a professional sense, and (2) the relation to the subject of the "Canons of Ethics" of the American Bar Association. I have before me a valuable booklet1 in which the author opposes, in one chapter, "Ethical Instruction in the Schools" and, in the other chapter, he favors "Moral Instruction in the Schools." In his use of words, "ethical" means theory, a science, while "moral" means habits, an art. He persuasively opposes, therefore, the "ethical" while contending for the "moral."
Note And Comment, Raymond Archibald Fox, John R. Rood, Joseph H. Drake, Edwin C. Goddard
Note And Comment, Raymond Archibald Fox, John R. Rood, Joseph H. Drake, Edwin C. Goddard
Michigan Law Review
When the Descendants of a Predeceased Legatee Will Not Take Under a Statute of Substitution - There are in most states statutes declaring that if a person named as legatee dies before the testator, his descendants shall take his share. Downing v. Nicholson, 115 Ia. 493; Strong v. Smith, 84 Mich. 567; x8 A. & E. ENCYC. Ol LAw, 2d Ed. 755. A common type is such as is found in the Civil Code of California, sec. 1310, viz.: "When any estate is devised or bequeathed to any child or other relation of the testator and the devisee or legatee …
Book Reviews, Joseph H. Drake, Victor H. Lane, Willard Barbour, Edwin C. Goddard, Robert E. Bunker
Book Reviews, Joseph H. Drake, Victor H. Lane, Willard Barbour, Edwin C. Goddard, Robert E. Bunker
Michigan Law Review
Science of Legal Method. Select Essays by Various Authors. Translation by Ernest Bruncken, Washington, D. C. and Layton B. Register of the University of Pennsylvania Law School. With Introductions by Henry N. Sheldon, Former justice of the Supreme Judicial Court of Massachusetts and by John W. Salmond, Solicitor General of New Zealand. Boston: The Boston Book Company, I917; pp. lxxxvi, 593.
Bill Of Lading As Collateral Security Under Federal Laws, Frederick Thulin
Bill Of Lading As Collateral Security Under Federal Laws, Frederick Thulin
Michigan Law Review
The desirability of the bill of lading as collateral security has been recognized in business transactions for many decades. The foregoing fact arises from the inherent nature of the financing of transactions of foreign or domestic trade.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Bankruptcy - Dichargeability of Tort Judgment - Plaintiff recovered judgment against X for damages caused by X's negligent operation of his automobile. Afterwards X obtained a discharge in bankruptcy. Held, that the judgment was thereby discharged. Jefferson Transfer Co. v. Hull, (Wis. 1918), I66 N. W. i.
Note And Comment, Henry M. Bates, Edwin C. Goddard, John R. Rood
Note And Comment, Henry M. Bates, Edwin C. Goddard, John R. Rood
Michigan Law Review
The National Army Act and the Administration of the "Draft" - In Aryer v. U. S., and five similar cases attacking the validity of the socalled National Army Act of May 18, 1917, Public Statutes, No. 12, 65th Congress, c. -, - Stat. -. ) the Supreme Court unanimously sustained the validity of the Act so far as attacked. The contention that compulsory military service as provided in the Act is contrary to our fundamental conception of the nature of citizenship, and that such compulsion is repugnant to a free government and in conflict with the guaranties of the Constitution …
German Legal Philosophy, John M. Zane
German Legal Philosophy, John M. Zane
Michigan Law Review
Annexed as an appendix to the translation of Kohler's Philosophy of Law is an appreciation of the work by Adolf Lasson, 1 who complains that he himself once wrote a philosophy of law which has sunk into oblivion, probably for the reason, as he modestly suggests, that he knew so much of systematic philosophy that he had no time to acquire any "special scientific learning either in the law or any other special department of knowledge."2 This complaint is a confession, child-like and amusing in its vanity, which could be dismissed without comment, were it not something that is wholly …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Bills and Notes - Dishonor by Nonpayment - Marginal Memoranda for Partial Payments - Suit by the holder on the following note: "$100.00. Hampden, N. D., Sept. 2, 1909. "On or before Sept. 2, 191o, after date, I promise to pay to the order of the Sageng Threshing Machine Company, of Minneapolis, Minn., one hundred dollars. "Value received, with interest at 6 per cent. "[Signed] ALBERT BENSON. "$25 will be paid Nov. ist, 1909. "$25 will be paid Jan. Ist, I910."
Book Reviews, John B. Waite, Evans Holbrook
Book Reviews, John B. Waite, Evans Holbrook
Michigan Law Review
The Essentials of American Constitutional Law, by Francis Newton Thorpe, Professor of Political Science and Constitutional Law in the University of Pittsburgh. G. P. Putnam's Sons, 1917, pp. 279. This is a very readable presentation of the fundamental principles of Constitutional law. "Readable" is used advisedly because the book is written for readers rather than students of the subject. It is more a statement of principles than an exposition of their particular application. Furthermore, the principles as stated are less those which are expressed by the courts as the bases of decisions than those which inductive analysis shows to be …
Note And Comment, Horace Lafayette Wilgus, Edson R. Sunderland, Evans Holbrook, Edgar N. Durfee
Note And Comment, Horace Lafayette Wilgus, Edson R. Sunderland, Evans Holbrook, Edgar N. Durfee
Michigan Law Review
Inducing Breach of Agreement by Employees Not to Join a Labor Union, in Order to Compel Unionization of Plaintiff's Business - In Hitchnan Coal & Coke Compazy v. John Mitchell, et al., (Dec. 10, 1917), 38 Sup. Ct. 6s, the novel question was presented to the Supreme Court of the United States, as to whether or not members of a labor Union could be enjoined from conspiring to persuade, and persuading, without violence or show of violence, plaintiff's employees, not members of the Union,-and who were working for plaintiff not for a specified time, but under an agreement not to …